Responsibilities of a guardian
A guardian must make timely decisions for the person they represent. They can only make decisions in the areas stated in the guardianship order.
A guardian must always:
- comply with the guardianship order
- comply with any other order of the Northern Territory Civil and Administrative Tribunal (the Tribunal)
- use the guardianship principles to guide decisions
- use the health care decision making principles for health decisions
- take into account the views and wishes of any interested person
- work with any other guardians or appointed decision-makers
- be an advocate for the person in the areas for which the guardian has authority
- ensure their actions and decisions are reasonable
- know the limits of their authority
- act with honesty, care and professionalism
- follow the Guardianship of Adults Act 2016.
A guardian with authority for financial matters must:
- manage the person's property as if held in trust
- act only in the person's interests
- apply the same care, skill and judgement that a reasonable person would use to look after their own finances.
A guardian with authority for health matters must:
- Provide support to assist the person make health care decisions. This may include using:
- interpreters
- assistive technology
- visual aids.
- Make health care decisions that the person would have wanted.
Read Understanding Guardianship PDF (7.5 MB) for more information.
Working with other guardians and interested parties
If more than one guardian is appointed, the guardianship order may say they:
- have to make decisions together (jointly), or
- can make decisions separately (severally).
It may also say that guardians have specific responsibilities. One guardian might handle money, while another makes decisions about health or where the person lives.
If more than one guardian is appointed, the order will say what their roles are. It will also say how decisions must be made. It is essential for all guardians to work together. This ensures the best decisions are made for the represented person. Guardians need to make decisions that reflect the person's views and wishes. It is important that decisions maintain the person's dignity and wellbeing.
The guardianship principles guide guardians in their decision making. They also state guardians should also talk to all interested parties when making their decisions.
Interested parties can be:
- family
- friends
- people who care about the person's wellbeing
- anyone affected by a guardianship decision.
People to tell about the guardianship order
Guardians should let key people know about the order. This ensures they can be contacted when needed.
People and organisations that should be told include:
- housing or accommodation providers
- organisations that send bills (such as power and water or telephone providers)
- banks, or credit card providers
- physiotherapists, podiatrists, doctors and dentists
- service providers.
All guardianship orders are different. The conditions stated in one order will likely be different from those in another.
Use our Letting others know someone has a guardian checklist PDF (190.3 KB) as a guide.
Access to and sharing of information
A guardian can access information about the represented person if they have the relevant authority in the order. This could be medical reports, bills, service agreements or bank statements.
If information is not provided, they can apply to the Tribunal for an order. An order from the Tribunal will ensure the information is provided to the guardian. A guardian can only share information about the person that relates to their role.
Record keeping
It is important that records are kept for decisions made for the represented person. This includes letters received or written on their behalf, and any receipts or bills. It may be helpful for decision makers to have letters or bills sent to their postal or email addresses. This will assist in preventing them being misplaced or lost.
Financial guardians must keep accurate records of the person's:
- income
- expenses
- assets
- debts.
The Tribunal will ask for information about the person's finances when they reassess the order. A financial guardian will need to fill in the financial statement form and provide copies of records.
If a guardian is unsure about what records they should keep, they can contact the Public Guardian and Trustee for help.
Our Record keeping checklist PDF (147.4 KB) provides guidance.
Making decisions
The types of decisions a guardian can make depends on the guardianship order. They may be allowed to make all decisions for the person or just some. Decision-making authority may be for:
- Personal matters - accommodation, accessing services.
- Health care - medical and dental.
- Financial - managing income and paying bills.
Decisions must align with the authority stated in the guardianship order. They must also be made in accordance with the guardianship principles .
A guardian can only make a decision in an area that is stated on the guardianship order. Guardianship orders can be reassessed by the Tribunal to have more areas added if required.
If the represented person does not follow a decision made by the guardian, the guardian may seek support from the Tribunal. The Tribunal will act in the person's best interests to prevent harm, neglect, or exploitation.
The Public Guardian and Trustee can assist with applications to the Tribunal for guardianship matters.
Guardians making health or financial decisions have additional responsibilities.
Health decisions
The health care decision making principles must be used when making health decisions.
Read more about making health decisions.
Financial decisions
Only financial guardians can make decisions about how to spend the person's money. This could include:
- paying bills
- buy things for the person
- rent
- buying medications.
They must manage the person's money and property as if it was a trust. This means the guardian must keep the money separate and use it only for the benefit of the person. They must also follow the guardianship order. It is recommended that financial guardians create a budget for the person's money.
This involves thinking about their income, bills, rent, food and additional spending money. It is also a good idea to put money away in savings for bigger expenses such as holidays, clothing or furniture.
All claims for reimbursement from the person's funds by the guardian, must be authorised by the Tribunal. This includes reimbursement for medical, legal, transportation, daily living or other expenses.
A financial guardian can only use the person's property to support dependants or give gifts if:
- It is something the person previously did or would reasonably be expected to do.
- The value of the gift or provision of financial support is reasonable.
The Tribunal can also allow the guardian to support the person's dependants or make gifts.
A financial guardian must not give themselves gifts from the person's funds or property. The only time gifts can be made to the guardian is if Tribunal says they can.
Decisions that a guardian cannot make
The Guardianship of Adults Act 2016 states there are some decisions a guardian cannot make.
These are called excluded matters and include:
- voting for the person in a government election or referendum
- making, changing or revoking the person's:
- Will
- Power of Attorney
- Advance Personal Plan
- any other document having similar effect
- exercising the person's rights as an accused person in criminal investigations or proceedings
- exercising the person's rights under the Mental Health and Related Services Act 1998
- making a decision about health care that is 'restricted'
- making a decision about the care and wellbeing of the person's children
- making a decision about the person's child being adopted
- entering the person into a surrogacy agreement
- making a decision about the person starting or ending a relationship, or marrying or divorcing.
The Guardianship of Adults Act 2016 provides more information on excluded matters.
Temporary leave or resignation of a guardian
There may be times when a guardian needs to temporarily step away from their role. This could be because of:
- illness
- personal matters
- family matters
- extended travel.
If this needs to happen, the guardian must contact the Public Guardian and Trustee in writing. The guardian must advise why they need to step away and how long they will be unavailable.
If the guardian is the person's sole guardian, the Public Guardian and Trustee will act in their place until they return.
If a guardian no longer wants to continue their role, they must advise the Tribunal in writing so the order can be changed.
Investigations into the conduct of a guardian
The Guardianship of Adults Act 2016 (the Act) sets out offences and penalties for guardians who are not doing the right thing.
Under the Act, the Public Guardian and Trustee can investigate complaints about the conduct of a guardian. This relates to the way a guardian is making decisions and how they are using their authority. The Tribunal can also direct the Public Guardian and Trustee to investigate complaints.
Reasons for an investigation may include:
- a guardian not making decisions in the best interests of the person
- a guardian not following the guardianship principles
- a guardian's actions not aligning with their authority in the guardianship order
- concerns about financial mismanagement or misuse of funds.
If an investigation finds that the guardian has not fulfilled their duties or has breached the law, the Public Guardian and Trustee may:
- apply to the Tribunal for changes to the guardianship order
- apply to the Tribunal to revoke the guardian's appointment
- pursue further legal action to protect the represented person.
Anyone can report concerns about the conduct of a guardian to the Public Guardian and Trustee.